Upcoming changes to Illinois Child Support LawBy Stephanie TangYoung Lawyers Division, August 2016Illinois may soon join 39 other states in adopting an “Income Shares” model of child support, which would dramatically change how child support is calculated.

Graduation is upon usBy Howard W. FeldmanFamily Law, March 2016Section 513 of the IMDMA governs the allocation of post high-school educational expenses. Here are some highlights of the changes that took effect on January 1st of this year.

Splitting the bill: Illinois’ proposed legislation on income sharesBy Emily A. HansenWomen and the Law, October 2015The income shares model utilizes both parent’s income to allow the child to enjoy the standard of living of an intact household. Further, the income shares model considers circumstances such as shared custody or expanded parenting time schedules.

Child support in parentage cases: Does In re Marriage of Turk apply?By Sean McCumberFamily Law, September 2015Since the statutory language in the Parentage Act contains very specific and different provisions than the IMDMA, any Turk-like changes to support obligations in parentage cases must come from the General Assembly, not the Courts.

When net income is neither net nor incomeBy Christopher W. BohlenFamily Law, May 2015The concept of net income seems simple. That simplicity hits a brick wall when a person obligated to pay child support is the owner of a non-incorporated business.

Retroactive child support: How far back can you go?By Jon J. RacklinFamily Law, March 2015The author analyzes the issue of retroactive child support as it pertains to pre-judgment dissolution of marriage cases, pre-judgment parentage cases, and the modification of existing orders in both types of cases.

The legal and ethical conundrum of child support in multi-partnered familiesBy Hon. Pamela E. Loza and Margaret A. BennettFamily Law, January 2015Child support obligations are a reality in that nearly half of all marriages end in divorce; two-thirds of women and three-fourths of men remarry; and many start second families. Applying guidelines to calculate child support obligations in these scenarios presents complex challenges.

Child support income withholding notices not just an afterthoughtBy Jennifer A. Shaw and Barry T. UnderwoodFamily Law, September 2013Within the last 18 months, significant changes have been made to both Federal and State laws governing IWOs. Failure to recognize the latest protocols could result in complaints to the ARDC or charges of malpractice as the penalties attributable to employers who fail to withhold are substantial.

Post-majority support for education in IllinoisBy Jennifer WoodChild Law, August 2013While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.

The Supreme Court weighs in on a question of incomeBy Marilyn Longwell and Aurelija JuskaFamily Law, June 2012While the Supreme Court in In re Marriage of McGrath has eliminated one means of establishing a child support order in the case of unemployed obligors with one hand, it has given its imprimatur to alternative methods of obtaining relief for custodial parents.

What is income?By Hon. Timothy J. McJoyntFamily Law, December 2011How does the court (or parties) determine payor’s income to apply guideline child support calculations?

College expense contributions by divorced parents: Reservations about reservation provisionsBy Cecilia Hynes Griffin and Scott P. KramerFamily Law, November 2011Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.

Child support withholding—Payor bewareBy Christine S.P. KovachFamily Law, August 2011Generally the cases brought under the Income Withholding for Support Act involve one or both of the following issues: “Who is a payor?” and “How and when will a penalty under the Withholding Act be assessed for failure to withhold or to timely remit the child suport?”